25/02/2003
WTO TRIPS agreement
CIAA approach on improving the protection of Geographical Indications in international trade under the WTO TRIPS agreement

The protection of geographical indications (GIs) is important for economic reasons. Within EU countries they represent an important share of EU production of small and medium sized companies and in third country markets they consistently convey a positive image of EU agri-food products.

CIAA considers that Community GIs should comply with strict specifications on local agricultural materials used and/or specific know-how for the processing methods applied. In addition, CIAA would favour an internal EU reflection on the priorities for multilateral product registration, since that might prove helpful to focus attention on GIs subject to important trade flows and those appearing to have a strong image or reputation.

The TRIPS Agreement, concluded during the Uruguay Round, recognised the important relation between international trade and intellectual property rights by including a specific section for GIs that receive now particular attention, along with trademarks and patents. The agreement also clarified the relation between GIs and trademarks and the situations in case of homonymous GIs, and of names considered generic by certain countries.

The current protection of these rights, with respect to intellectual property in international trade, has improved with the application of the TRIPS Agreement. However, its provisions still call for certain adjustments to overcome persistent imbalances and weaknesses.

The Doha Ministerial declaration acknowledged the need

• to finalise the work on a multilateral system of notification and registration for wines and spirits by the 5th Ministerial Conference; and
• to address the extension of the scope of Article 23 to other products than wines and spirits within the TRIPS Committee in order to present a report to the TNC before the end of 2002.

CIAA wishes to re-emphasise its objectives as regards both aspects addressed in the Doha declaration.


The extension

For CIAA, the Doha Declaration gives a clear signal to start negotiations on the extension of the additional protection provided for in Article 23 to products other than wines and spirits.

The majority of CIAA members supports the extension of the additional protection for GIs to food and drink products. The main objective should be to seek the benefit of Article 23.1 to 23.3 for products other than wines and spirits which would result in an enhanced protection for those GIs.


The multilateral system of notification and registration

CIAA recalls that, according to TRIPS Article 23.4, the multilateral system of notification and registration aims only at facilitating the protection of GIs.

CIAA reaffirms that, according to TRIPS Article 22.2, WTO members are committed to "provide the legal means for interested parties" to ensure GIs' protection, and as regards registration of trademarks linked with a GI, TRIPS Article 22.3 explicitly refers to a protection granted "ex officio if its legislation so permits or at the request of an interested party".

Therefore, the majority of CIAA members considers that any multilateral notification and registration system should not create new rights, in addition to those already contained in the TRIPS agreement. It should, however, not prevent this procedure from having legal effects, as this is the only way to ensure a better legal certainty for any economic operator.

CIAA supports the establishment of a multilateral system of notification and registration for geographical indications foreseen by TRIPS Article 23.4.

Companies need to operate under a stable and clear legal framework. Therefore, whatever system will be used to set up a register, it must result in real legal security for manufacturers. CIAA is of the opinion that a simple information list, for example, even if publicly available, falls short of industry's expectation of increased legal certainty.

The mechanism put in place must be simple and its management should be designed work at low cost, taking developing country concerns into account.

CIAA wishes to highlight that, with this approach, the establishment of the register will have no impact on exceptions described under TRIPS Article 24.6, as long as a member opposes registration. When GI registration is not opposed, it only creates a rebuttable presumption of validity for a registered GI and therefore shifts the burden of the proof. The register must not affect other exceptions provided for under TRIPS Article 24.